January 19, 2016
BCI Compliance Tools 
Required Notifications for Employers
Employers of all sizes sponsoring group health plans are responsible for providing certain notifications to employees. Whether a particular notice applies will depend on the state of an employee's employment cycle.  This brief summary  provides a quick overview of which notices apply during important time periods and may need to be revisited frequently during the year.
NAHU Newswire
House Republicans To Vote On ACA Repeal
In continuing coverage, the Washington Post (1/5, Snell) reports that leaders in the House of Representatives plan to hold a vote Wednesday on legislation to repeal "major aspects" of the Affordable Care Act, cut federal funding for Planned Parenthood, "and start a veto fight with President Obama."
Compliance 
Marathas Barrow & Weatherhead LLP - Health Risk Assessment
Please find a compliance update on the recent decision in  EEOC vs. Flambeau .  The federal court for the Western District of Wisconsin ruled for Flambeau and against the EEOC, holding that the employer's Health Risk Assessment (HRA) was protected by the statutory safe harbor (and there was no showing of subterfuge).  The case was dismissed December 30, 2015, and is good news for employers. The court in Flambeau is now the second federal court to hold that the EEOC has no business pursuing a lawsuit involving an HRA that is part of a group health plan that falls into the ADA's safe harbor, unless the EEOC can demonstrate that the use of the HRA is subterfuge to avoid the law.
 
Note that there is a highlighted section at the end of the alert to insert your agency's name.

Vendors
DIY1095
Since crunch time with ACA employer deadlines is upon us, DIY1095 will soon be altering their Tuesday/Thursday webinars to provide agents and employers operational-oriented guidance and to show the effectiveness and efficient use of the DIY1095 software. Up to this point, the webinars have been more sales-oriented by helping clients understand the value of the DIY1095 solution.  However, these new webinars/workshops will focus on:
  • How to use the upload template, avoiding common pitfalls
  • Uploading to the site and conducting quality checks
  • Making corrections
  • Password resets (a "forgot password" link is on the homepage!)
  • E-filing, Printing, Mailing, etc
  • Generate a baseline template for next year's filing
  • Answer client questions pertaining to all of the above
  • Please note:  DIY1095 Team will continue to answer client questions related to the DIY1095 technology and will direct compliance related questions back to the agent or general counsel, etc.
To that end, the "Sign Up for Live Demo" button from the DIY1095 homepage will be removed, as the last sales-oriented webinar was held on Tuesday, 12/22/15.  If you have any prospective clients who wish to view a demo of the tool, please have them view the recorded version (retrieve the link from  our broker toolkit or by accessing the  recorded demo directly).  Please share this with others on your team who might direct clients to sign up for a sales-oriented webinar. 
 
These new Operational/Workshop Webinars will be held on Tuesday and Thursdays at 11:00 AM (EST) through the end of January. Current DIY1095 clients (those registered to use DIY1095) will be made aware of this enhanced service offering by sending them a direct email, letting them know of the shift and providing a link to sign up for these workshops.
 
We encourage you to talk to your clients and to help them get in front of the ACA reporting requirements. By investing time up front, we can help clients avoid the "hair on fire" situation in late January.  
 
Benefit Concepts, Inc. 
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